IHC bars authorities from arresting Fawad till today

ISLAMABAD: The Islamabad High Court (IHC) on Tuesday approved Pakistan Tehreek-e-Insaf (PTI) Senior Vice President Fawad Chaudhry’s two-day protective bail in all cases and barred the authorities from arresting him from within the limits of the federal capital till May 17.

After securing the bail as Fawad was about to leave in his car he had to run back to the court premises as police made another move to arrest him.

Fawad was taken into custody on May 10 under Section 3 of the Maintenance of Public Ordinance (MPO) and the court declared his arrest “illegal”.

Fawad had submitted an undertaking to the IHC that he will not take part in any protest and will not violate section 144, but the police made wanted to arrest him again.

Earlier, during the hearing Advocate General Barrister Jahangir Jadoon appeared before the single-judge bench.

He informed the court that a copy of the court’s order was not given to the IG office and law officers. He added that the biometric verification of the PTI leader was also not done on the petition.

At this, the judge rebuked the lawyer saying that he wasn’t the judge and it was the court’s authority to see whether the biometrics had been done.

Moving on, the AG contended that Fawad had not been arrested in any case. He would have been required to be presented in court if the arrest had been made under a case.

Barrister Jadoon further argued that Fawad through his conduct had to prove whether he is a peaceful citizen or not. He added that the nation incurred losses of billions due to the incidents of May 9.

At this, Justice Aurangzeb remarked that the court had not barred the authorities from taking action on those incidents.

However, Jadoon mentioned that the court, while stopping Imran Khan’s arrest, had mentioned the MPO separately. If they had stopped arrest in cases only, the arrest could have been made under the MPO, he added.

At this, the court asked who had advised that the arrest could be made under the MPO. To the court’s query, the AG responded that no one had advised them; however, they were unaware of the court order against arrest.

The government lawyer then presented a tweet by Fawad, posted on May 10, saying that it was a video of the PTI leader inciting workers to join the protests.

The government lawyer stated that Fawad in his tweet had said that it was liable to the PTI workers to take part in protests following Imran Khan’s arrest.

On this point, Babar Awan argued that the deputy commissioner must have known about the high court’s order on the arrest by now. He urged the court to extend its order stopping authorities from arresting Fawad and his client be given time to contact the relevant court.

The court then asked if the police had shown any documents to the PTI leader at the time of his arrest.

“When the order was read, the police officer said he did not know English,” said Awan. He added that his client was arrested based on material that does not exist.

Justice Aurangzeb remarked that the incidents that occurred after Imran Khan’s arrest should be taken seriously. “Fawad Chaudhry is an important person, a former federal minister, does he not know the mob of Pakistan?” he said and added that when Fawad asked people to come out did he expect only law-abiding citizens to come out?

Justice Aurangzeb remarked that if the district magistrate does not pass this [detention] order on the matter then what should be done?” He further added that the court had summoned Fawad so that he could be released.

Later, talking to journalists outside the court, Fawad Chaudhry said every person, who had links with Pakistan and its army, was really sad about the May 9 incidents. He said as a PTI spokesperson he thinks the violence was shameful and it should be investigated. “People involved in the incidents should be given exemplary punishment,” he added.